DHS News and Press

Calling all ABAWDs! If you have been told you are Able-Bodied Adult without Dependent (ABAWD), come learn about benefit and workforce opportunities.
DHS will be holding informational sessions on November 7th, November 28th, and December 12th. Times vary by office, listed below:
Providence...

PROVIDENCE, R.I. After five years of success with its three youth locations, the Office of Rehabilitation Services (ORS), a division of the Department of Human Services (DHS), expanded its partnership with others to open a new site for adults with disabilities ages 21 to 30.
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A public hearing will be held on Monday, August 27, 2018 at 10:00 am at the RI Department of Human Services, Louis Pasteur Building, 57 Howard Avenue, 1st Floor, Cranston, RI 02920 in the West Wing Conference Room to consider the proposed State Plan for the LIHEAP Block Grant which is funded...

A public hearing will be held to consider the proposed Intended Use Plan for the Social Services Block Grant (SSBG) funds for the federal fiscal year 2019 on Thursday, August 23, 2018 at the RI Department of Human Services, Louis Pasteur Building, 57 Howard Avenue, West Wing Conference Room, 1st...

The Rhode Island Administrative Procedures Act (APA, RIGL §42-35-1, et seq.) governs agency rulemaking, including how state agencies propose and promulgate regulations. Every state rulemaking entity, unless exempt under statute (the legislature and judiciary are exempt per RIGL §42-35-1(1)), is subject to the APA.

The purposes of the APA include:

keeping the public informed of agency rulemaking activities,

providing the opportunity for public participation in the development of regulations,

establishing uniform standards for the conduct of formal rulemaking, and

improving the quality of state regulations

Certain types of rulemaking do not fall under “regular rulemaking.” These include emergency rulemaking (RIGL §42-35-2.10 -
State agencies may take prompt regulatory action in instances of imminent peril to the public or loss of federal funding) and direct final rules (RIGL §42-35-2.11 -
State agencies may accelerate the rulemaking process for rules which are expected to be noncontroversial). These types of rulemaking can only be pursued in the specific circumstances, as determined by agency legal counsel and leadership.

In 2016, the R.I. General Assembly updated the APA requiring all regulatory agencies to codify and update their regulations. The new law requires all regulations to be reformatted, indexed, and published online on the Secretary of State's website as the Rhode Island Code of Regulations (RICR). In addition, the law requires that all state agencies repeal outdated or obsolete rules and consolidate and amend regulations to improve the clarity of the requirements.

Rulemaking Procedures

State agencies must use a prescribed process for creating regulations. Agencies must designate a rules coordinator (RIGL §42-35-2.1) who is responsible for managing the rulemaking process. Most rulemaking will fall under "regular rulemaking", which under the Administrative Procedures Act (APA) requires notice and comment. The steps of the rulemaking process include:

Step 1: Regulatory Preparation and Analysis

The regulatory process starts with the preparation of a preliminary version of the regulation. Agencies must submit regulatory proposals and analysis to the Office of Regulatory Reform (ORR) for approval.

Step 2: Advance Notice of Proposed Rulemaking (optional step)

Before the formal rulemaking process begins, state agencies can, if they so choose, solicit the public for comments and recommendations by posting an Advance Notice of Proposed Rulemaking.

Step 3: Notice of Proposed Rulemaking and Public Comment Period

State agencies must notify the public of all regulatory changes before they happen and must also allow the public an opportunity to comment on these changes.

After the Notice of Proposed Rulemaking, agencies must specify a Public Comment Period of at least 30 days during which the public may submit information and comments.

An agency may then choose to hold a hearing or the public may request a hearing.

Opportunity for a public hearing must be granted if a request is received by 25 persons, a governmental agency, or by an association having not less than 25 members.

All proposed rules and regulations along with a brief description of rule changes and notice of public hearings are filed with the Office of the Secretary of State.

Step 4: Finalizing Regulations and Filing with the Office of the Secretary of State

State agencies must consider all submissions received during the Public Comment Period. Agencies may incorporate or reject comments and must note the reasons for their actions. If changes to a regulation are substantial, an agency may decide to extend the Public Comment Period or restart the rulemaking process. After the regulations are finalized they are submitted, with any comments, to the Office of Regulatory Reform (ORR) for one final post-comment review.